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HomeMy WebLinkAbout1978 11-21 CC MIN39 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 21, 1978 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan, ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None, Administrative officials present: Campbell, Gerschler, Gill, Hoffiand, McCabe, McLean, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Earl Rod Barr, First United Methodist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of November 7 and the special meeting of November 8, 1978 be be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS - None. , ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,916, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO THE BICYCLE LICENSE SUPPLY FUND NO. 24." Moved by Waters, seconded by Dalla, Resolution No. 12,916 be adopted. Carried by unanimous vote. Resolution No. 12,917, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Alley between "A" Avenue to "B" Avenue, 20th Street to 21st Street, Assessment District No. 196)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,917 be adopted. Carried by unanimous vote. Resolution No. 12,918, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Alley between "A" Avenue to "B" Avenue, 20th Street to 21st Street, Assessment District No. 196)." Moved by Dalla, seconded by Waters, Resolution No. 12,918 be adopted. Carried by unanimous vote. Resolution No. 12,919, "RESOLUTION OF INTENTION (Alley between "A" Avenue to "B" Avenue, 20th Street to 21st Street, Assessment District No. 196)." Moved by Van Deventer, seconded by Waters, Resolution No. 12,919 be adopted. Carried by unanimous vote. Resolution No. 12,920, "RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT TO CAL TRANS MASTER AGREEMENT REFERRED TO IN RESOLUTION NO. 12,863." Moved by Dalla, seconded by Van Deventer, Resolution No. 12,920 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION (second readings) Moved by Camacho, seconded by Van Deventer, these Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1646 (11//4/;g-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-24-78, to rezone from CL-PD [Limited Commercial -planned Development] to RS-2-PUD [Single Family Residence -Planned Unit Development] property at 3208 East 8th Street [Assessor's Parcel 558-030-34])." Moved by Waters, seconded by Van Deventer, Ordinance No. 1646 (11//4/g.,1) be adopted. Carried by unanimous vote. 11/21/78 40 Ordinance No. 1647 (/1/I4//8-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-8B--78, to rezone from RM-1-D-10 [Residential Multiple -Density 10] to RM-1-D-7.5-H-15 [Residen- tial Multiple -Density 7.5-Height Limit 15'the property in the block bounded by Prospect Street, 20th Street, Euclid Avenue, and 22nd Street)." Moved by Van Deventer, seconded by Dalla, Ordinance No. 1647 (11/14/48-2) be adopted. Carried by unanimous vote. Ordinance No. 1648 (11/14/48-8), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-14A-78, to rezone from RM-1-D-10 [Residential Multiple -Density 10] to RS-2-D-10 [Single Family Residence -Density 10] the properties on the west side of Rachael Avenue south of 24th Street, 2404 through 2552 inclusive)." Moved by Waters, seconded by Van Deventer, Ordinance No. 1648 (11/14/44-44 be adopted. Carried by unanimous vote. Ordinance No. 1649 (11/14/48-4), "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING SECTION 4 OF THE CITY ORDINANCE 1227 RELATING TO CARNIVALS, CIRCUSES, TRAVELING SHOWS, AND MIDWAYS." Moved by Waters, seconded by Van Deventer, Ordinance No. 1649 _111/14/48-4) be adopted. Carried by unanimous vote. Ordinance No. 1650 (11/14/48-8), "AN ORDINANCE REGULATING THE CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN CERTAIN PLACES IN THE CITY OF NATIONAL CITY.` Moved by Waters, seconded by Dalla, Ordinance No. 1650 (11/14/48-8) be adopted. Carried by unanimous vote. Ordinance No. 1651 (11/14/78-6), "AN ORDINANCE OF THE CITY OF NATIONAL CITY PROHIBITING URINATING/DEFECATING IN PUBLIC." Moved by Waters, seconded by Dalla, Ordinance No. 1651 11/14/48-6 be adopted. Carried by unanimous vote. Ordinance No. 11/14/78-7, "Amending Ordinance No. 1606 relating to business license fees." Moved by Van Deventer, seconded by Waters, Ordinance No. 11/14/78-7 be adopted. Discussion. Moved by Van Deventer, seconded by Camacho, the motion be amended (to change 21B0 from $100 to $200. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. City Attorney McLean stated that this is enough of a change to make this the second first reading of the Ordinance and it will have its second reading next week. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 19, dated November 21, 1978, in the amount of $53,569.64 (Warrant Nos. 63447 through 63512) was presented. Moved by Camacho, seconded by Dalia, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters, Morgan. Nays: None. Application for Type 41, ON -SALE BEER AND WINE LICENSE from Harold E. Earle, William M. McCarty, and Gary L. Zarecky, .dba COLISEUM PIZZA & RESTAURANT, 3421 E. Plaza Blvd., which would also permit sale of beer and wine for consumption off the premises where sold was presented. Moved by Waters, seconded by Camacho, in favor of Item 16, Type 41 license. Carried, by the following vote, tOw.wit: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. Application for Type 48, ON -SALE GENERAL, PUBLIC PREMISES LICENSE, person transfer, Galen H. and Harold F. Dodds, Darlene R. Miller, and Marjorie L. Rodriguez, dba HAROLD'S CLUB, 29 W. 8th Street, which would permit sale of beer and wine only for consumption off the premises where sold (Staff recommends protesting) was presented. Moved by Dalla, seconded by Van Deventer, we protest this license based on the report that it conflicts with our Land Use Code. CARMINE BUA, attorney at law, 3456 Camino del Reo North, was present and stated Mr. and Mrs. Ziegler purchased the Keyhole (Harold's) Club from Mr. Dodds, Ms. Miller and 11/21/78 41 Rodriguez and attempted to make a go of it; they failed in business for a variety of reasons which resulted in litigation; the result of the litigation was that the Judge ruled that he could not rescind the deal, which meant the Ziegler's ended up owning money to these people; since this decision last June, they have made numerous efforts to sell the club but a stumbling block was that Mr. Dodds and the others would not tolerate anything but a payoff of $150,000; the Ziegler's invested their life savings in the club; an arrangement was arrived at whereby they would return the license to the original purchasers and this would forgive the $150,000 debt; these circumstances were brought to the attention to the ABC and appropriate applications have been filed. Mr. Bua stated that if this transfer of license is denied for any reason, the Zieglers will lose everything; the people to whom the club is being transfered have operated the club for the past 10-12 years. PLANNING DIRECTOR GERSCHLER stated staff has recommended this be only an interim protest and separate attempts will be made to make it comply with Ordinance; an appeal has already been filed on behalf of Mr. Dodds; past experience has shown when you make it comply with the Land Use Code, you can with- draw the protest. Mr. Bua stated that this is an old structure and it is impractical to alter the structure to meet the Code requirements. Mr. Gerschler stated the zoning requirements has to do with use permits. Mr. Bua stated there would be no problem with that, but his understanding was that,the nature of the requirements that the City could impose on the business now would be impractical, if not impossible, to accommodate that structure to the Code and allow it to be used in the manner it had been; that is why he is at Council this evening. Mr. Gerschler said when a lawful non -conforming use has been abandoned for one year it must be considered as a new case. City Attorney McLean stated the procedure provided for in the zoning regulation is to present his case to comply with those parts of the zoning law he thinks he can comply with at the Planning Commission hearing; there is nothing before Council this evening regarding this other than the fact that until he gets approval of the Planning Commission no action should be taken. Discussion. Motion carried by unanimous vote. Item 18, CLAIM FOR DAMAGES from Ilene Byron alleging damage to car while traveling south on Tidelands Avenue; and, Item 19, CLAIM FOR DAMAGES from Loretta Vallario alleging damage as result of *ewer backup was presented. Moved by Camacho, seconded by Van Deventer, these two claims be denied and referred to the City Attorney Carried by unanimous vote. OTHER BUSINESS PLANNING The Planning Department's request for determination of CITY COUNCIL POLICY regarding the CONSTRUCTION OF STREETS AND/OR DRIVEWAYS in the unimproved rights -of -way of 15th Street between 14th Street and Palmer Way (a parcel map at 2817 E. 16th Street is pending before the Planning Commission which would create a new lot facing on 15th; this new lot would be entitled to legal access to 15th Street (an existing dedicated street) which is presently unimproved and unusable due to severe topo- graphy; the new lot would obtain access by filling an existing canyon area for use as a driveway; a petition bearing the signature of nearby residents has been filed in opposition to the proposed fills and asking that 15th Street not be extended beyond its present limits; in the interest of allowing this parcel map which will accommodate a new single family dwelling, and in the interest of avoiding a severely substandard private driveway to 16th Street, staff recommends that the private driveway along 15th Street be allowed with the following stipulations: [1] said drive shall serve only 2923 E. 16th and the new lot at the rear of 2817 E. loth; [2] that the benefiting property owners surrender all other access rights to 15th Street; [3] that the subject parcel map contribute a pro-rata share of the cost of the cul-de-sac to be determined by the City Engineer; [4] that all filling required for the driveway be attractively landscaped to preserve the visual quality of the adjoining 11/21/78 42 open space; [5] that the driveway be provided with suitable barricades and signs for traffic safety; [6] that the driveway be extended easterly to also serve the lot at 2923 E. 16th Street, but no further) was presented. Moved by Camacho, seconded by Waters, this be tabled until we get the proper information on this item 20. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission report on PROPOSED ZONE CHANGE to rezone from RS-2 (Single Family Residence) to CG-PD (Commercial General -Planned Develop- ment) the vacant parcel adjoining the NORTH SIDE OF THE NATIONAL GUARD ARMORY at 303 Palm Avenue, ZC-28-78 (staff recommends Council file this case unless a written appeal is filed within the prescribed time limit) was presented. Moved by Dalla, seconded by Van Deventer this be filed. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR MAYOR MORGAN asked for Council's concurrence to eliminate the regular Council meetings of December 26th and January 2nd. CITY COUNCIL COUNCILMAN WATERS discussed vandalism done within the City parks; it is very difficult to catch the vandals; perhaps the City should investigate the possiblity of hiring someone to patrol the parks to help eliminate this problem. COUNCILMAN VAN DEVENTER stated the Callahan Report has been tabled for 30 days; a group from CPO will be before Council to discuss this; regarding SB154 and AB2212, CPO would like direction from the City on how they stand on this. Councilman Van Deventer asked for recommendations from Council by next meeting; if not, he will follow his own. PUBLIC HEARINGS The HEARING on PROPOSED ZONE CHANGE to add PUD (planned residential development) zoning to the property at 2550-52 RACHAEL AVENUE (Assessor's Parcel 564-08-34) and Lincoln Acres Annex No. 4, tract 602 (Assessor's Parcel 5::41-08-13) located adjacent to the National City boundary about 635 feet south of the property at 2550-52 Rachael Avenue, ZC-26-78 (this request is to expand the PUD zoning by adding it to the following adjoining properties [1] the .71 acre parcel to the north, 2550-52 Rachael, now zoned RS-2; [2] the 1.10 acre landlocked vacant parcel to the south, now zoned RM-1-D-10; the applicants proposed to develop a single-family condominium project including all three parcels; this rezoning will allow an appliceation for a planned unit development permit and condominium subdivision map to be filed and considered; staff concurs with the Planning Commission's recommendation for approval of this case) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing on the proposed zone change to add PUD zoning to property at 2550-52 Rachael Avenue and Lincoln Acres Annex No. 4, Tract 602 located adjacent to the National City boundary about 636 feet south of 2550-52 Rachael Avenue, ZC-26-78 be approved and the public hearing be closed. Carried by unanimous vote. The HEARING to consider adoption of a SPECIFIC PLAN for 24TH STREET west of Newell Avenue and east of Las Palmas Park, SP-1-78 (the purpose 11/21/78 43 of this plan is to establish the location and width of the proposed future future right-of-way of 24th Street west of Newell Avenue and east of Las Palmas Park; the plan would establish a future street right-of-way 15' wide and 348' long, northerly of existing 24th Street rights -of -way; the City has no intention of acquiring rights -of -way or in making improvements on the remaining parcels involved; the acquisition of rights -of -way and improvements to said street would only happen when there was an overall improvement project in the area; or if the property owners wished to develop their properties to the extent where they would come under the jurisdiction of Ordinance 1491; staff concurs with the Planning Commission's recommendation for approval) was held at this time., City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this public hearing be closed and consideration of adoption of the Specific Plan for 24th Street with all Planning Commission's recommendations. Carried by unanimous vote. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:05 p.m. CITY CL CITY OF/NATIONAL CITY, CALIFORNIA The foregoing minutes of the regular meeting of the City Council of the City of National City, California were approved at the regular meeting of December 5, 1978. No corrections corrections CITY OF NATIONAL CITY, CALIFORNIA 11/21/78